A state judge denied the request of a candidate running for Jefferson Parish sheriff to halt this week's second qualifying period after the death of longtime Sheriff Harry Lee Monday.

A new three-day qualifying period for sheriff opened on Tuesday and is scheduled to close today at 5 p.m. The election is now scheduled for Nov. 17.

State law calls for allowing new candidates to sign up for the race if a candidate dies between the closing of the original qualifying period and the closing of the polls on election day. The election for sheriff originally was scheduled for Oct. 20, but state law also requires the clerk of court to reschedule the primary if it falls within 30 days of the reopened qualifying period.

The suit was heard this morning by Judge Wilson Fields in Division O of the 19th Judicial District Court in Baton Rouge. He said he tried to weigh the possible harm done to each side before making his ruling from the bench. Ultimately, he ruled in favor of a long-held tradition by Louisiana courts faced with election challenges.

"The courts have always promoted candidacy as opposed to restricting candidacy," Fields said.

The judge denied Dale's request for a preliminary injunction to stop this week's qualifying period. He may still purse a claim challenging the law's constitutionality, but any trial would likely stretch past the new election date.

Dale's suit claims the state law violates his rights as a candidate who spent money and time operating under one election system only to have to retool his efforts for a new political landscape.

Ron Landry, Dale's attorney, said the election should proceed with the remaining candidates, just as it would if a candidate withdrew from the race before election day.

Dale and Harvey contractor Julio Castillo were the only candidates who signed up to challenge Lee during the initial qualifying period in early September. In the new qulaifying period, they have been joined by interim Jefferson Parish Sheriff Newell Normand, Sen. Art Lentini, R-Kenner, and former Kenner Police Chief Nick Congemi. All are Republicans.

Melvin "Teddy" Burns, Jr., of Marrero, Rodney Pittman of Metairie and Donald Lane of Kenner were the only candidates to qualify by 3 p.m. today. He did not list a party affiliation.

Candidates may qualify until 5 p.m. today only on the fifth floor of the Jefferson Parish General Government Building in Gretna.